Thirty years after enactment, lawyers and courts remain somewhat at sea over when declaratory judgments must be granted under the federal Superfund statute, when they may be granted, and when they should not be granted. Beginning from the Court of Appeals for the Second Circuit’s December 19 decision in New York v. Solvent Chemical Co., No. 10-1026-cv(L), in this month’s column in the Legal Intelligencer / Pennsylvania Law Weekly, I consider this confusing area. Declaratory Judgments and Superfund Eyed by 2nd Circuit, 34 Pa. L. Weekly 1184 (Dec. 27, 2011). To read the column, click here.
